Dependency Law Finder

1. T.P. v. Department of Children & Families 860 So. 2d 1084 · 5D02-3671 · 5th DCA 2003

   Affirmed This opinion cites § 39.810 20 times: (3), and the section generallyCited as § 39.4612 (2002 statutes), now § 39.810Also cites § 39.810(1), which couldn't be matched to today's text.

   · cited by 6 in all courts

   Termination affirmed under the prior-sibling-termination ground because the mother failed to rebut the presumption with evidence of real change after her baby's death.

   …to Padgett and in recognition of the overriding importance of protecting the welfare of children, the Florida Legislature in 1994 enacted section 39.4612, Florida Statutes, which was renumbered in 1998 as section 39.810, Florida Statutes. This statute is entitled "Manifest best interests of the child" and…

2. Department of Children & Families v. F.L. 880 So. 2d 602 · SC03-1602 · Florida Supreme Court 2004

   Reversed & remanded This opinion cites § 39.810 16 times, the section generallyCited as § 39.4612 (2002 statutes), now § 39.810

   · cited by 87 in all courts

   Supreme Court held the prior-involuntary-termination ground facially constitutional, quashed the district court's contrary ruling, and remanded for further proceedings on the mother's termination.

   …565, 570 (Fla.1991), and in recognition of the overriding importance of protecting the welfare of children, the Florida Legislature in 1994 enacted section 39.4612, Florida Statutes, renumbered in 1998 as section 39.810. This statute is entitled "Manifest best interests of the child" and provides in pertinent part that…

3. Department of Children & Families v. S.S.L. 5D22-1506 · 5th DCA 2022

   Reversed This opinion cites § 39.810 14 times: (1), (10), (11), (2), (3), (4), (5), (6), (7), (8), (9), and the section generally

   Denial of termination as to the older sibling reversed; the infant's severe abuse proved egregious conduct, so termination was required over permanent guardianship.

   …ground for termination; and (2) “the child’s manifest best interests would be served by granting the petition to terminate parental rights.” See §§ 39.806(1), 39.810, Fla. Stat. (2021). The Florida Supreme Court requires the third: termination must be “the least restrictive means of protecting the child from serious…

4. S.D. v. Department of Children & Families 805 So. 2d 10 · 3D00-3086 · 3rd DCA 2001

   Affirmed This opinion cites § 39.810 12 times: (2), (3), (4), (5), (7), (8), (9), and the section generally

   · cited by 9 in all courts

   Termination affirmed on the mother's chronic cocaine use, repeated drug-exposed births, and abandonment, despite the guardian's contrary recommendation; the child stays with the father.

   …with food, clothing, medical care or other remedial care recognized and permitted under state law in lieu of medical care, or other material needs. Section 39.810(2), Fla. Stat. (1999). The Mother has not demonstrated any ability to provide for herself, let alone a Child. b. The Mother lacks the capacity to care for the…

5. Guardian ad Litem Program v. Department of Children & Families 2D17-1807 · 2nd DCA 2018

   Reversed & remanded This opinion cites § 39.810 10 times: (1), (10), (11), (2), (3), (5), (7), and the section generally

   Denial of termination reversed for an incarcerated father who conceived the child by sexual battery of a minor; best-interests and least-restrictive findings were flawed.

   …that termination was in X.W.'s best interests. See § 39.806(1)(m). It also made findings as to each of the eleven manifest best interest factors in section 39.810. Those findings either weighed in favor of the conclusion that termination was in X.W.'s best interests or were neutral.4 For example, the trial court …

6. Guardian ad Litem Program v. C.W. 255 So. 3d 882 · 2D17-1807-2 · 2nd DCA 2018

   Reversed & remanded This opinion cites § 39.810 10 times: (1), (10), (11), (2), (3), (5), (7), and the section generally

   · cited by 4 in all courts

   Denial of termination reversed for an incarcerated father who conceived the child by sexual battery of a minor; best-interests and least-restrictive findings were flawed.

   …that termination was in X.W.'s best interests. See § 39.806(1)(m). It also made findings as to each of the eleven manifest best interest factors in section 39.810. Those findings either weighed in favor of the conclusion that termination was in X.W.'s best interests or were neutral. 4 For example, the *886 trial court…

7. J.S. v. Department of Children & Families 18 So. 3d 1170 · 1D09-1046 · 1st DCA 2009

   Affirmed in part, reversed in part This opinion cites § 39.810 10 times, the section generally

   · cited by 9 in all courts

   Single-parent termination of the mother reversed for lack of evidence of a prior involuntary termination; the father's non-termination reversed for inadequate best-interest and compliance findings.

   …found that the Department had established grounds for termination of parental rights under paragraphs (c) and (e) of section 39.806(1) and that, under section 39.810, it was in the child’s manifest best interests to terminate the mother’s parental rights. In finding grounds for termination, the trial court noted that the…

8. C.M. v. Department of Children & Families 953 So. 2d 547 · 1D05-5351 · 1st DCA 2007

   Affirmed in part, reversed in part This opinion cites § 39.810 9 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

   · cited by 13 in all courts

   Termination affirmed, but commitment for adoption was remanded so the court can consider the paternal aunt as adoptive placement after her home study.

   …A.A., appeals a final judgment terminating his parental rights over the child pursuant to sections 39.806(1)(b), 39.806(1)(d)1., 39.806(1)(d)3., 39.806(1)(f), and 39.810, Florida Statutes (2004), and permanently committing the child to the Department for subsequent adoption. Appellant contends, first, that given the presence…

9. A.P. v. Department of Children & Families 1D20-3693 · 1st DCA 2021

   Affirmed This opinion cites § 39.810 8 times: (1), and the section generally

   Termination of rights to all four children affirmed on two grounds; rehearing on the two older children was proper and best interests supported.

   …from additional harm. The court also found TPR was in the manifest best interests of M.D. and M.D., Jr., considering all the elements listed in section 39.810, Florida Statutes (2019). Yet considering the greater mental health needs of J.F. and F.S., and the possibility that permanent placement could…

10. V.S. v. Department of Children & Families 4D20-1833 · 4th DCA 2021

    Affirmed in part, reversed in part This opinion cites § 39.810 8 times: (1), (3), (4), and the section generally

    Termination for egregious conduct toward one child affirmed, including as to siblings, but remanded for best-interest findings for each sibling.

    …means to protect the children. Finally, in determining the children’s manifest best interests, the court addressed the enumerated factors under section 39.810(1)–(11), Florida Statutes (2020). The court found the children were living with the father, who was providing them with a stable and appropriate…

11. S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016

    Affirmed This opinion cites § 39.810 7 times, the section generally

    · cited by 37 in all courts

    Supreme Court approved termination: least restrictive means does not require considering permanent guardianship instead of adoption once grounds and best interests shown.

    …rights would be in the -7- manifest best interests of the children, under the considerations required by section 39.810. She argues only that termination of her liberty interest in being a parent to her children is not the least restrictive means to protect her children from…

12. In re D.D. 879 So. 2d 10 · 2D03-1498 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.810 7 times: (2), (3), (4), (5), and the section generally

    Termination reversed because key findings, including noncompliance with the case plan and weak bonds, were unsupported or contradicted by the evidence.

    …and the child continues to be abused, neglected, or abandoned by the parents." The trial court also found, based on the eleven factors contained in section 39.810, that termination was in the manifest best interests of the children. The trial court did not address termination under section 39.806(1)(c). The Mother…

13. M.D. v. Department of Children & Family Services 879 So. 2d 10 · 2D03-1498-2 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.810 7 times: (2), (3), (4), (5), and the section generally

    · cited by 3 in all courts

    Termination reversed because key findings, including noncompliance with the case plan and weak bonds, were unsupported or contradicted by the evidence.

    …and the child continues to be abused, neglected, or abandoned by the parents.” The trial court also found, based on the eleven factors contained in section 39.810, that termination was in the manifest best interests of the children. The trial court did not address termination under section 39.806(l)(c). The Mother…

14. S.P. v. Department of Children & Families 5D2024-3476 · 5th DCA 2025

    Reversed & remanded This opinion cites § 39.810 6 times, the section generally

    Denial of termination reversed because the court sua sponte ordered permanent guardianship, applied an unpled single-parent standard, misapplied least restrictive means, and skipped best-interest findings.

    …listed in section 39.806, Florida Statutes (2024), has been established; (2) termination is in the child’s manifest best interests under section 39.810, Florida Statutes (2024); and (3) termination is the least restrictive means of protecting the child from harm. S.M. v. Fla. Dep’t of Child. & Fams., 202 So.…

15. S.M.O. v. Department of Children & Families 3D22-1822 · 3rd DCA 2023

    Affirmed This opinion cites § 39.810 6 times, the section generally

    Termination of four children affirmed on egregious conduct for failing to stop sexual abuse; relying on an unpled sexual abuse ground was harmless error.

    … 12 children and it narrowly applies in situations where there is egregious conduct. 4. Manifest Best Interests of the Three Siblings (§ 39.810) Although proof of a nexus between egregious conduct and potential harm to a sibling is not required for termination under section 39.806(1)(f), the…

16. Guardian ad Litem Program v. Department of Children & Families 1D20-0029 · 1st DCA 2021

    Reversed & remanded This opinion cites § 39.810 6 times, the section generally

    Denial of termination reversed because once egregious conduct was proven there is no least-restrictive-means element, and the court must still decide manifest best interests.

    …be proved is that “the child’s manifest best interests would be served by granting the petition to terminate parental rights.” C.M., 953 So. 2d at 550; see § 39.810, Fla. Stat. (requiring the trial court to consider “the manifest best interests of the child” in a termination hearing by evaluating “all relevant…

17. Department of Children & Families v. A.R. 253 So. 3d 1158 · 3D17-2003 · 3rd DCA 2018

    Affirmed in part, reversed in part This opinion cites § 39.810 6 times: (1), (10), and the section generally

    · cited by 8 in all courts

    Court held the trial court misapplied the sexual abuse statutes as to the father, remanding for an abuse finding and best-interest findings; mother's dismissal affirmed.

    …in the child’s best interest. See C.F., 788 So. 2d at 988; Fla. Dep’t of Children & Family Servs. v. A.Q., 937 So. 2d 1156, 1158 (Fla. 3d DCA 2006). Section 39.810, Florida Statutes (2017), sets out eleven factors for the trial court to consider in determining whether termination of parental rights is in the…

18. Department of Children & Family Services v. K.D. 88 So. 3d 977 · 2D10-3474 · 2nd DCA 2012

    Reversed & remanded This opinion cites § 39.810 6 times: (1), and the section generally

    · cited by 9 in all courts

    En banc: denial of termination and sua sponte permanent guardianship reversed; availability of guardianship cannot defeat best interests or least restrictive means after grounds proven.

    …one of the grounds set forth in section 39.806 has been met, and (2) that termination would be in the manifest best interests of the children under section 39.810. 2 §§ 39.802(4), 39.809(1). In order to protect the parents’ constitutional right to parent their children without governmental interference, the Florida…

19. In re L.B.W. 863 So. 2d 480 · 2D02-5537 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.810 6 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

    Termination reversed and remanded because the finding that the grandmother's failing health precluded relative placement had no evidentiary support, undermining the best-interests determination.

    … (a) That at least one of the grounds listed in s. 39.806 has been met. .... (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition. [1] Section 39.810 requires that in "determining the manifest best interests of the child, the court…

20. V.W. v. Department of Children & Family Services 863 So. 2d 480 · 2D02-5537-2 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.810 6 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

    · cited by 13 in all courts

    Termination reversed and remanded because the finding that the grandmother's failing health precluded relative placement had no evidentiary support, undermining the best-interests determination.

    …That at least one of the grounds listed in s. 39.806 has been met. [[Image here]] (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition. 1 Section 39.810 requires that in “determining the manifest best interests of the child, the court shall…

21. In the Interest of N.F. v. Department of Children & Family Services 82 So. 3d 1188 · 2D11-2320 · 2nd DCA 2012

    Reversed & remanded This opinion cites § 39.810 5 times: (2), and the section generally

    · cited by 10 in all courts

    Termination reversed because the mother completed her case plan and no evidence showed she failed to substantially comply or posed prospective neglect.

    …and then it must determine whether the manifest best interests of the child would be served by termination, again under the same evidentiary standard. See § 39.810. Finally, the Department must establish that termination of parental rights is the least restrictive means of protecting the child from harm. J.C., 6…

22. J.C. v. K.K. 64 So. 3d 157 · 4D11-6 · 4th DCA 2011

    Reversed & remanded This opinion cites § 39.810 5 times, the section generally

    · cited by 5 in all courts

    Denial of termination of the father's rights reversed: the court never determined manifest best interest, and termination was the least restrictive means.

    …to the case plan. The court then made a manifest best interest finding but only as it related to the mother. The court considered the factors in section 39.810, Florida Statutes, and made the following findings, which we summarize as follows: a) The only suitable permanent custody arrangement with a relative of the…

23. Department of Children & Family Services v. S.H. 49 So. 3d 846 · 2D09-3785 · 2nd DCA 2010

    Reversed & remanded This opinion cites § 39.810 5 times: (1), and the section generally

    · cited by 14 in all courts

    Denial of termination reversed; grounds were proven against the father, no nexus was required for least restrictive means, and best-interests analysis was needed.

    …the parent’s [sic] demonstrated inability to parent in the future.” The trial court declined to reach the manifest best interests analysis required by section 39.810(1)-(11) based on its conclusion that DCF failed to prove grounds for termination as to the mother and failed to satisfy the least restrictive means test as to…

24. B.C. v. Department of Children & Families 887 So. 2d 1046 · SC03-1632 · Florida Supreme Court 2004

    Reversed This opinion cites § 39.810 5 times: (2), (3), and the section generally

    · cited by 32 in all courts

    Supreme Court held the incarceration ground looks only at the remaining prison time, not the entire sentence, resolving the conflict in the father's favor.

    …the trial court must find, in addition to the specific grounds contained in section 39.806, that termination is in the best interests of the child. See § 39.810, Fla. Stat. (2003). Each ground for termination must be established by clear and convincing evidence. See § 39.811(2), Fla. Stat. (2003). Further, this…

25. In Interest of K.M. & A.M. 788 So. 2d 306 · 2D00-3071 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.810 5 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

    · cited by 6 in all courts

    Termination reversed because the court did not show it weighed all manifest best interest factors, especially permanent placement with the grandmother caring for the children.

    …by clear and convincing evidence the additional requirement that termination is in the manifest best interests of the children. See §§ 39.802(4), 39.809(1), 39.810, Fla. Stat. (1999). The trial court's order states that the court considered all of the statutory factors under section 39.810 in determining the manifest…

26. D.H. v. Department of Children & Families 2D21-1835 · 2nd DCA 2021

    Reversed & remanded This opinion cites § 39.810 4 times, the section generally

    Termination reversed, with the Department conceding error, because the order did not show the court considered the section 39.810 manifest best interest factors.

    …that the order is legally insufficient because it does not reflect that the circuit court considered the manifest best interest factors listed in section 39.810, Florida Statutes (2020).1 We reverse and remand for further proceedings. Before a court can terminate a parent's rights to his or her child, it must…

27. In re J.L. 15 So. 3d 866 · 2D08-4744 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.810 4 times: (3), (4), (5), and the section generally

    · cited by 8 in all courts

    Termination reversed because DCF gave the jailed father no proper case plan or help and the court ignored his bond and thwarted contact.

    …2d DCA 2008). The trial court then determined that the termination of the Father's parental rights was in the son's manifest best interest under section 39.810 because the evidence showed the Father failed to demonstrate the capacity to care for the son and the son had a suitable and lengthy living arrangement with a…

28. Guardian ad Litem Program v. T.R. 987 So. 2d 1269 · 1D07-6373 · 1st DCA 2008

    Reversed & remanded This opinion cites § 39.810 4 times: (1), and the section generally

    · cited by 3 in all courts

    Denial of termination reversed because the court relied solely on an available relative placement, which the statute bars as a factor weighing against termination.

    …parent's parental rights would be in the best interests of the child. K.W. v. Dep't of Children & Families, 959 So.2d 401 (Fla. 1st DCA 2007). Section 39.810, Florida Statutes (2007), provides a non-exhaustive list of factors a trial court is to consider when determining whether termination of parental rights is in…

29. J.J. v. Department of Children & Families 886 So. 2d 1046 · 4D04-762 · 4th DCA 2004

    Reversed & remanded This opinion cites § 39.810 4 times, the section generally

    · cited by 8 in all courts

    Order reversed because after DCF failed to prove best interests the court could not order a retrial; it had to follow section 39.811 remedies.

    …allegation in the [petition] together with such evidence it has as to each and every factor specifically enumerated in the Manifest Best Interest Statute, FS 39.810, together with such evidence as it may have relating to the issue of least restrictive disposition." Finally, the court determined that, "to the extent that…

30. C.B. v. Department of Children & Families 879 So. 2d 82 · 4D04-437 · 4th DCA 2004

    Affirmed This opinion cites § 39.810 4 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

    · cited by 4 in all courts

    Expedited termination of a fourth child affirmed because the mother stayed with the abusive father after earlier terminations and posed a high risk of abuse.

    …due to the likelihood of prospective abuse under 39.806(1)(f), Florida Statutes, that termination of parental rights was in the best interest of J.M. See §§ 39.810(1)-(11), Fla. Stat. (2003). A trial court has broad discretion regarding the termination of parental rights and an appellate court may not disturb an order so…

31. C.C. v. Department of Children & Families 851 So. 2d 254 · 1D02-4553 · 1st DCA 2003

    Reversed & remanded This opinion cites § 39.810 4 times, the section generally

    Termination reversed again because the order on remand ignored the s. 39.810 best-interest factors and relied on findings the record did not support.

    … 812 So.2d 520 (Fla. 1st DCA 2002). Our opinion stated that, on remand, the trial court was to reconsider “A.C.’s best interests, in accordance with section 39.810, Florida Statutes (2000)....” Id. at 523. On remand, the trial court held a hearing on the child’s best interests and received additional evidence.…

32. A.A. v. Department of Children & Families 852 So. 2d 318 · 4D02-4484 · 4th DCA 2003

    Affirmed This opinion cites § 39.810 4 times, the section generally

    · cited by 1 in all courts

    Termination affirmed; parents were not entitled to the foster parents' identities, and the children's attorney ad litem could join the petition and trial.

    …them, talk to their neighbors, check law enforcement records, and investigate whether in fact they were good people. The Department noted that under section 39.810, Florida Statutes (2002), when considering the manifest best interests of the children, the trial court was not permitted to make a comparison between the…

33. D.E. v. Department of Children & Families 823 So. 2d 864 · 5D01-3105 · 5th DCA 2002

    Affirmed This opinion cites § 39.810 4 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

    Termination of the father's rights affirmed without opinion over a partial dissent questioning best interests and the unconsidered grandmother placement.

    …n. 13 (Fla. 5th DCA 1993) (citing In re D.J.S., 563 So.2d 655 , 669 (Fla. 1st DCA 1990)). Reviewing the eleven non-exclusive factors set forth in section 39.810, Florida Statutes (2001), the evidence demonstrating that termination is in the child’s manifest best interests is, at best, scant. That evidence consisted…

34. Heart of Adoptions v. Department of Children & Families 2D22-2496 · 2nd DCA 2023

    Certiorari / writ denied This opinion cites § 39.810 3 times, the section generally

    Adoption agency's non-final appeal treated as certiorari and denied; court properly refused to move the child to its chosen prospective adoptive family.

    …other potential placements that the court or the Department might choose for the child." S.C.W., 912 So. 2d at 373 n.4. However, the court relied on section 39.810, Florida Statutes (2004), which provided that the court consider the manifest best interests of the child and that "[t]his consideration shall not include…

35. A.F. v. Department of Children & Families 1D18-4930 · 1st DCA 2019

    Affirmed This opinion cites § 39.810 3 times, the section generally

    Termination affirmed; the father completed no case plan tasks and kept using and selling drugs, so best interests and least restrictive means were met.

    …183 So. 3d 1198, 1203 (Fla. 1st DCA 2016). The trial court determines the child’s manifest best interests by balancing eleven factors listed in section 39.810, Florida 2 Statutes. State, Dep’t of Children & Families v. B.C., 185 So. 3d 716, 719 n.2 (Fla. 1st DCA 2016). “Although it…

36. B.K. v. Department of Children & Families 166 So. 3d 866 · 4D14-3222 · 4th DCA 2015

    Affirmed This opinion cites § 39.810 3 times: (1), and the section generally

    · cited by 14 in all courts

    Termination of an incarcerated father's rights affirmed given his long sentence and the child's bond with her foster family; remanded to consider post-termination contact.

    …since she was months old [sic] and she does not know who he is. 7 The court then reviewed the factors in section 39.810(1)-(11), Florida Statutes, regarding the manifest best interests of the child. The court found there was no suitable custody arrangement with a relative of…

37. D.S. v. Department of Children & Families 164 So. 3d 29 · 4D14-3144 · 4th DCA 2015

    Affirmed in part, reversed in part This opinion cites § 39.810 3 times: (1), and the section generally

    · cited by 6 in all courts

    Incarcerated father's termination reversed for two bonded children living with his sister, absent proof of harm, but affirmed for the child without a relationship.

    …should not have to wait another three years for their father to be released from prison. The court also made findings on the factors required in section 39.810(1)-(11), Florida Statutes, including: (1) there was a suitable permanent custody arrangement with the aunt for D.S., Jr. and K.S. but …

38. B.K. v. Department of Children & Families 4D14-3222-2 · 4th DCA 2015

    Affirmed This opinion cites § 39.810 3 times: (1), and the section generally

    Termination of an incarcerated father's rights affirmed given his long sentence and the child's bond with her foster family; remanded to consider post-termination contact.

    … from harm. She has not seen her father since she was months old [sic] and she does not know who he is. The court then reviewed the factors in section 39.810(1)-(11), Florida Statutes, regarding the manifest best interests of the child. The court found there was no suitable custody arrangement with a relative of…

39. K.D. v. Department of Children & Family Services 132 So. 3d 877 · 2D13-538 · 2nd DCA 2014

    Reversed & remanded This opinion cites § 39.810 3 times, the section generally

    · cited by 2 in all courts

    Termination reversed because the court reused stale best-interest findings without an evidentiary hearing on the twins' current circumstances.

    …concern is the trial court’s failure to obtain updated information before making a determination of the manifest best interests of each child under section 39.810. In the two original orders, the trial court had made findings on each of the eleven factors described in section 39.810 based on the conditions at the time…

40. Department of Children & Families v. in the Interest of C.W. 14 So. 3d 1041 · 1D09-0025 · 1st DCA 2009

    Affirmed This opinion cites § 39.810 3 times: (1), and the section generally

    Denial of termination affirmed on remand; the court properly weighed best-interest factors, favoring the child's bond with his grandmother, without violating law of the case.

    …1269, 1271 (Fla. 1st DCA 2008). We remanded to the trial court, directing the court to “again weigh all relevant factors, including those under section 39.810, to determine whether termination of parental rights is in the manifest best interests of C.W.” Id. Following an evidentiary hearing, the…

41. Department of Children & Families v. K.F. 916 So. 2d 948 · 4D05-2015 · 4th DCA 2005

    Reversed This opinion cites § 39.810 3 times: (3), and the section generally

    · cited by 4 in all courts

    Denial of termination reversed: finding that the mother could be rehabilitated was unsupported after she starved an infant to death and neglected four other children.

    …stated that it did not find clear and convincing evidence that it was in the manifest best interests of the children pursuant to the factors under section 39.810 to terminate K.F.'s parental rights. The court concluded that the least restrictive means of protecting the children was long-term custody with the…

42. H.P. v. Department of Children & Family Services 885 So. 2d 960 · 2D04-463 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.810 3 times, the section generally

    Termination reversed because, with the father working toward reunification and the children staying dependent, severing the mother's rights was not the least restrictive means.

    …the tasks in her case plan — a finding H.P. does not dispute — and concluded that H.P. had abandoned her children. Additionally, using the criteria in section 39.810, Florida Statutes (2003), the circuit court found termination was in the manifest best interest of the children. 1 A significant factor in the circuit…

43. In re K.A. 880 So. 2d 705 · 2D03-866 · 2nd DCA 2004

    Affirmed in part, reversed in part This opinion cites § 39.810 3 times, the section generally

    · cited by 26 in all courts

    Termination affirmed for the abused infant but reversed for two well-cared-for older children; DCF did not prove best interests or least restrictive means.

    …by clear and convincing evidence that termination of the parents' rights to the two older children is in the manifest best interest of these children. See § 39.810, Fla. Stat. (2002). [2] Again, the evidence at trial focused primarily upon the infant. By all accounts, the two older children were not abused. A cursory…

44. In re T.B. 819 So. 2d 270 · 2D01-753 · 2nd DCA 2002

    Reversed & remanded This opinion cites § 39.810 3 times, the section generally

    · cited by 23 in all courts

    Termination of an incarcerated father's rights reversed: no plan tasks, no willful abandonment, incarceration statute inapplicable, and best-interest findings ignored a willing relative placement.

    …prior to the effective date prescribed by statute). Manifest best interest of the child J.T. also challenges the trial court's finding under section 39.810, Florida Statutes (2000), that termination was in the manifest best interest of T.B. Finding that termination is in the manifest best interest of the child is…

45. C.W. v. Department of Children & Families 814 So. 2d 488 · 1D01-1710 · 1st DCA 2002

    Affirmed This opinion cites § 39.810 3 times, the section generally

    · cited by 7 in all courts

    Termination affirmed: prior sibling terminations and failure to protect a sibling from abuse supported it; counsel's consent to judge viewing videotapes waived objection.

    …the expert testimony of Dr. Knobbe, but made its decision by considering all of the evidence and the manifest best interests of the child pursuant to section 39.810, Florida Statutes (2000). The trial court may reject the recommendation of the guardian ad litem [1] and give weight to expert testimony in consideration of…

46. Department of Children & Families v. S.H. 734 So. 2d 1080 · 1D98-02899 · 1st DCA 1999

    This opinion cites § 39.810 3 times, the section generallyCited as § 39.4612 (1997 statutes), now § 39.810

    · cited by 2 in all courts

    …relied upon in offering a parent a case plan as described in section 39.464; (c) that the manifest best interests of the child, in accordance with section 39.4612, would be served by the granting of the petition. Section 39.464(1)(f), Florida Statutes (1997), provides that a petition for termination of parental rights…

47. A.B. v. Department of Children & Families 3D2024-2320 · 3rd DCA 2026

    Affirmed This opinion cites § 39.810 2 times: (7), and the section generally

    Termination affirmed because the father, who delayed stepping forward, rarely visited and paid support once, abandoned the child; best interests and least restrictive means met.

    …and convincing evidence before the petition is granted.”). Second, the Department must show that termination is in C.B.'s manifest best interests. See § 39.810, Fla. Stat. (2023) (“In a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child.”).…

48. Department of Children & Families v. L.W. 3D2023-2245 · 3rd DCA 2024

    Reversed This opinion cites § 39.810 2 times: (5), and the section generally

    Denial of termination reversed with directions to terminate; the least-restrictive-means finding lacked support given the mother's twenty-year alcohol abuse and relapses.

    …they are never placed in the Mother’s custody.” (emphasis added). In making this determination, the trial court addressed the factors set forth in section 39.810, Florida Statutes (2022). The trial court acknowledged that the Mother has a bond with the children, and that “[t]here may be some degree of harm to the…

49. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

    Reversed & remanded This opinion cites § 39.810 2 times: (1), and the section generally

    Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

    …The order states that the trial court “considered and evaluated all relevant factors, including the statutory factors set forth in Section 39.810, Florida Statutes.” According to the order, the trial court found, “based on clear and convincing evidence, that grounds for the termination of the parental…

50. R.M. v. Department of Children & Families 3D19-2323-2 · 3rd DCA 2020

    Affirmed This opinion cites § 39.810 2 times: (10), (11)

    On rehearing, termination affirmed: rule 8.520(c) findings are not required when termination rests on a voluntary surrender; child's due process claim rejected.

    …requiring the court to consider the recommendations of the Guardian Ad Litem and the reasonable preferences and wishes of the child. See §§ 39.802(4) 39.806(1), 39.810(10),(11), Fla. Stat. (2019). We reject D.M.’s contention that these statutory provisions and procedural rules fail to adequately protect D.M.’s interests or that…

51. R.M. v. Department of Children & Families 3D19-2323 · 3rd DCA 2020

    Affirmed in part, reversed in part This opinion cites § 39.810 2 times: (10), (11)

    Father's termination affirmed; mother's surrender-based termination remanded for rule 8.520(c) findings. Opinion later withdrawn and replaced on rehearing.

    …requiring the court to consider the recommendations of the Guardian Ad Litem and the reasonable preferences and wishes of the child. See §§ 39.802(4) 39.806(1), 39.810(10),(11), Fla. Stat. (2019). We reject D.M.’s contention that these statutory provisions and procedural rules fail to adequately protect D.M.’s interests or that…

52. Y.H.B. v. Department of Children & Families 4D19-0883 · 4th DCA 2019

    Affirmed This opinion cites § 39.810 2 times, the section generally

    Termination affirmed for egregious abuse of the infant and failure to protect; the grandmother lacked standing and was properly denied placement.

    …for the abuse given subsequently were designed to do just that, and not to protect [J.W.H.]. The court considered the factors set forth in section 39.810, Florida Statutes, and found by clear and convincing evidence that it was in the manifest best interests of J.W.H. and O.H. to terminate parental rights. The…

53. Department of Children & Families v. K.W. 1D19-0163 · 1st DCA 2019

    Reversed This opinion cites § 39.810 2 times: (1), and the section generally

    Denial of termination reversed because findings doubting the great-grandmother's suitability and family estrangement were unsupported; termination was in the children's best interests.

    …with the trial court’s determination that TPR was not in the children’s manifest best interests. Manifest best interests are addressed in section 39.810, Florida Statutes (2018), which provides: In a hearing on a petition for termination of parental rights, the court shall consider the manifest best…

54. M.S. v. Department of Children & Families 210 So. 3d 147 · 2D15-5005 · 2nd DCA 2016

    Affirmed This opinion cites § 39.810 2 times, the section generally

    · cited by 5 in all courts

    Termination affirmed on the incarceration ground because the mother had no relationship with the child; four other grounds lacked evidence; ineffective-assistance motion denied.

    …So. 3d 574, 579- 80 (Fla. 2d DCA 2012). The trial court must then consider whether termination is in the manifest best interest of the child under section 39.810. Rathburn v. Dep't of Children & Families, 826 So. 2d 521, 523 (Fla. 4th DCA 2002). Finally, the trial court must find that termination of parental rights…

55. State v. B.C. 185 So. 3d 716 · 1D15-3328 · 1st DCA 2016

    Reversed & remanded This opinion cites § 39.810 2 times: (5), and the section generally

    · cited by 6 in all courts

    Court erred in refusing termination because limited supervised or telephone contact was possible; such contact does not defeat least restrictive means when reunification is unattainable.

    …of a statutory ground for termination under section 39.806, Florida Statutes; that termination is in the child’s manifest best interests under section 39.810, Florida Statutes; and the termination of parental rights is the least restrictive means of protecting the child from serious harm. Padgett, 577 So. 2d at…

56. J.P. v. Department of Children & Families 183 So. 3d 1198 · 1D15-3023 · 1st DCA 2016

    Affirmed This opinion cites § 39.810 2 times, the section generally

    · cited by 27 in all courts

    Termination affirmed: the mother's failure to follow her child's diet for a life-threatening kidney condition supported the threat-of-harm ground, best interests and least restrictive means.

    …before parental rights may be terminated is a showing by the Department that termination is in the child’s manifest best interest pursuant to section 39.810, Florida Statutes. The third and final requirement is that to pass constitutional muster, termination of parental rights must meet the least restrictive…

57. S.M. v. Department of Children & Families 190 So. 3d 125 · 4D15-2186 · 4th DCA 2015

    Affirmed This opinion cites § 39.810 2 times, the section generally

    · cited by 8 in all courts

    Termination affirmed: reunification was impossible after repeated case plan failures, so relative placement did not defeat least restrictive means; conflict certified with the First District.

    …(2014), has been established by clear and convincing evidence; 2) Termination is in the manifest best interest of the child under section 39.810, Florida Statutes (2014); and 3) Termination is the least restrictive means of protecting the child from harm. J.G. v. Dep’t of Children &…

58. W.L. v. Department of Children & Families 172 So. 3d 562 · 4D15-362 · 4th DCA 2015

    Reversed & remanded This opinion cites § 39.810 2 times: (1), and the section generally

    · cited by 1 in all courts

    Termination vacated and remanded because the order did not identify which statutory ground was proven or make required findings and conclusions, preventing meaningful review.

    …child] has continuing medical needs that the mother . . . cannot provide. The trial court’s final judgment includes findings required by section 39.810, Florida Statutes (2013), related to the manifest best interests of the child. The final judgment also contains the following findings and conclusions of…

59. D.W.Q. v. A.B. 200 So. 3d 87 · 5D14-4099 · 5th DCA 2015

    Reversed & remanded This opinion cites § 39.810 2 times, the section generally

    · cited by 3 in all courts

    Termination reversed because it rested on an unpleaded ground, lacked manifest best interests findings, and may not have considered a recorded child interview.

    …plead in the petition. Father also argues that the order was facially insufficient because it did not consider the statutorily required factors under section 39.810, Florida Statutes (2014). We agree and, therefore, reverse and remand for the trial court to reconsider its ruling after reviewing all admitted evidence. 1 …

60. State v. T.S. 155 So. 3d 476 · 1D14-4207 · 1st DCA 2015

    Reversed & remanded This opinion cites § 39.810 2 times: (1)

    · cited by 3 in all courts

    Denial of termination reversed because the court improperly relied on a possible nonadoptive relative placement in finding termination was not the least restrictive means.

    …relied on “the availability of a nonadoptive placement with a relative” when assessing the least restrictive means, which is expressly prohibited by section 39.810(1), Florida Statutes. See also In re Z.C., 88 So. 3d 977, 989 (Fla. 2d DCA 2012) (en banc) (“[t]he court misapplied the manifest best interests and least…

61. C.D.M. v. K. 60 So. 3d 409 · 1D10-2919 · 1st DCA 2011

    Reversed & remanded This opinion cites § 39.810 2 times, the section generally

    Termination order reversed and remanded because it lacked the section 39.810 manifest best interest findings and did not address least restrictive means.

    …of Appellant should be terminated. However, we cannot conduct an appropriate appellate review because the *410 statutory factors enumerated in section 39.810, Florida Statutes, are not addressed in the written order and the trial court did not make any oral findings as to these factors at the hearing. The order on…

62. A.B. v. Department of Children & Family Services 40 So. 3d 928 · 2D10-124 · 2nd DCA 2010

    Reversed & remanded This opinion cites § 39.810 2 times, the section generally

    · cited by 1 in all courts

    Termination reversed because the trial court never considered the statutory manifest best interests factors or made written findings, as DCF conceded.

    …concession of error, it notes that the trial court did not conduct a subsequent proceeding concerning the child’s manifest best interests. Section 39.810, Florida Statutes (2009), provides as follows, “In a hearing on a petition for termination of parental rights, the court shall consider the manifest best…

63. In re E.C. 33 So. 3d 710 · 2D08-3544 · 2nd DCA 2010

    Affirmed This opinion cites § 39.810 2 times, the section generally

    Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.

    …a statutory ground for termination of parental rights under section 39.806 and that termination is in the manifest best interests of the child under section 39.810. Rathburn v. Dep't of Children & Families, 826 So.2d 521, 523 (Fla. 4th DCA 2002). In addition, the Department must establish that termination of…

64. R.C. v. Department of Children & Family Services 33 So. 3d 710 · 2D08-3544-2 · 2nd DCA 2010

    Affirmed This opinion cites § 39.810 2 times, the section generally

    · cited by 12 in all courts

    Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.

    …a statutory ground for termination of parental rights under section 39.806 and that termination is in the manifest best interests of the child under section 39.810. Rathburn v. Dep’t of Children & Families, 826 So.2d 521, 523 (Fla. 4th DCA 2002). In addition, the Department must establish that termination of…

65. JG v. Department of Children & Families 22 So. 3d 774 · 4D09-29 · 4th DCA 2009

    Affirmed This opinion cites § 39.810 2 times, the section generally

    · cited by 19 in all courts

    Termination affirmed after six years of substance abuse, violence and crime; the due process claim was raised first on appeal and unpreserved.

    …Second, the trial court shall consider the manifest best interests of the child by evaluation of all relevant factors, including those set out in section 39.810. Id. In addition, the Department must establish that termination of parental rights is the least restrictive means of protecting the child…

66. D.H. ex rel. J.R. v. Department of Children & Families 12 So. 3d 266 · 1D08-3082 · 1st DCA 2009

    Reversed & remanded This opinion cites § 39.810 2 times: (1)

    · cited by 2 in all courts

    Termination reversed because the judge's pretrial comments prejudging the mother's mental health required disqualification; remanded for a different judge.

    …to comply substantially with the case plan in five material respects. The petition stated that Department would show, using the criteria set forth in section 39.810(1)-(11), Florida Statutes (2007), that it is in the child's manifest best interests for Appellant's parental rights to be terminated and for the child to be…

67. V.J. v. Department of Children & Families 949 So. 2d 1128 · 3D06-1123 · 3rd DCA 2007

    Affirmed This opinion cites § 39.810 2 times, the section generally

    · cited by 5 in all courts

    Termination affirmed on abandonment because the incarcerated father had no contact with or support for the child for years and only marginal efforts.

    …the trial court must consider whether termination of parental rights is in the manifest best interests of the child, considering the factors listed in section 39.810. [1] See C.K. v. Dep't of Children & Families, 942 So.2d 469 (Fla. 4th DCA 2006); see also § 39.810, Fla. Stat. (2004). In this case, the…

68. In re D.A.D. II 903 So. 2d 1034 · 2D04-4623 · 2nd DCA 2005

    Affirmed This opinion cites § 39.810 2 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

    Termination affirmed for the father's pattern of drug-fueled abuse, domestic violence and neglect, though the murder alone lacked a nexus to harm to the children.

    …to his abandonment of the children. These facts support the trial court's finding that the abuse was "chronic" under section 39.806(1)(g). SECTION 39.810 The Father contends that termination was not in the children's manifest best interests because he cared for them while the mother worked, never abused them,…

69. D.A.D. v. Department of Children & Family Services 903 So. 2d 1034 · 2D04-4623-2 · 2nd DCA 2005

    Affirmed This opinion cites § 39.810 2 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

    · cited by 8 in all courts

    Termination affirmed for the father's pattern of drug-fueled abuse, domestic violence and neglect, though the murder alone lacked a nexus to harm to the children.

    …to his abandonment of the children. These facts support the trial court’s finding that the abuse was “chronic” under section 39.806(l)(g). SECTION 39.810 The Father contends that termination was not in the children’s manifest best interests because he cared for them while the mother worked, never abused them,…

70. Department of Children & Families v. P.K. 893 So. 2d 678 · 5D04-1682 · 5th DCA 2005

    Reversed & remanded This opinion cites § 39.810 2 times, the section generally

    · cited by 1 in all courts

    Order denying termination for four children reversed because it lacked individualized findings for each child; remanded for more testimony and specific findings.

    …children were adoptable, agreeing with the six case-workers *682 and the former GAL that adoption is appropriate. The judge concluded that under section 39.810, it would not be in the manifest best interest of the children to terminate P.K.'s parental rights. However, he also concluded that the Department had shown…

71. Department of Children & Families v. M.J. 889 So. 2d 986 · 4D04-1815 · 4th DCA 2004

    Reversed This opinion cites § 39.810 2 times: (10), and the section generally

    · cited by 5 in all courts

    Denial of termination reversed: despite proven egregious sexual abuse and failure to protect, some children's wishes were not competent evidence against termination.

    …past neglect, abandonment, and other failures. As in D.N.O., there was no competent substantial evidence to support denial of termination here. Section 39.810, Florida Statutes (2001), sets out eleven factors which the court is required to consider where termination of parental rights is at issue. One of the factors…

72. In re E.D. 884 So. 2d 291 · 2D03-1678 · 2nd DCA 2004

    Affirmed in part, reversed in part This opinion cites § 39.810 2 times, the section generally

    · cited by 6 in all courts

    Termination affirmed for three children on the threat-of-harm ground despite a flawed incarceration-based abandonment finding; reversed for the oldest because the other parent's rights remained.

    …433, 433 (Fla. 2d DCA 2003). The Mother does not challenge the trial court's findings regarding the children's manifest best interests pursuant to section 39.810, and we find no basis to reverse. We have considered other matters raised by the Mother and find them without merit. Conclusion For the reasons…

73. L.N. v. Department of Children & Family Services 884 So. 2d 291 · 2D03-1678-2 · 2nd DCA 2004

    Affirmed in part, reversed in part This opinion cites § 39.810 2 times, the section generally

    · cited by 9 in all courts

    Termination affirmed for three children on the threat-of-harm ground despite a flawed incarceration-based abandonment finding; reversed for the oldest because the other parent's rights remained.

    …433, 433 (Fla. 2d DCA 2003). The Mother does not challenge the trial court’s findings regarding the children’s manifest best interests pursuant to section 39.810, and we find no basis to reverse. We have considered other matters raised by the Mother and find them without merit. Conclusion For the reasons…

74. C.C. v. Department of Children & Family Services 812 So. 2d 520 · 1D01-2996 · 1st DCA 2002

    Reversed & remanded This opinion cites § 39.810 2 times, the section generally

    · cited by 25 in all courts

    Termination reversed for reconsideration of best interests: neglect, case plan and egregious-conduct findings were erroneous, though the prior sibling termination was established.

    …of them on that account. Although evidence supports the findings indicating C.C. abuses drugs, other fact findings, including those made pursuant to section 39.810, Florida Statutes (2000) ("Manifest best interests of the child"), are problematic. A parent's addiction to drugs (which the trial court did not explicitly…

75. J.T. v. Department of Children & Families 800 So. 2d 341 · 1D00-4070 · 1st DCA 2001

    Affirmed This opinion cites § 39.810 2 times, the section generally

    Termination affirmed: five years of case plan noncompliance supported the ground, the mother was advised of counsel, and best-interest factors were considered.

    …So.2d 152 (Fla. 1st DCA 2000). Further, the order of termination reflects that the trial court expressly considered all of the factors outlined in section 39.810, Florida Statutes (1998 Supp.). We conclude no error in the trial court’s finding that it was in the manifest best interests of the children to terminate…

76. K.M. v. Department of Children & Families 795 So. 2d 1129 · 5D00-1254 · 5th DCA 2001

    Reversed & remanded This opinion cites § 39.810 2 times, the section generally

    · cited by 1 in all courts

    Termination reversed for a new hearing because the court did not consider the statutory manifest best interest factors and the record lacked evidence on them.

    …has merit. She contends that there was no evidence that termination of her parental rights was in the manifest best interest of her child, as per section 39.810, Florida Statutes. We agree, and reverse and remand for a new hearing. Section 39.810 sets out eleven factors to be considered in determining if termination…

77. In re Z.J.S. 787 So. 2d 875 · 2D00-545 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.810 2 times, the section generally

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …respects. Thereafter, the order *878 simply stated: "It is manifestly in the best interest of the child to terminate his parental rights pursuant to section 39.810, Fla. Statutes." After a subsequent hearing, the trial court entered a separate order continuing the placement of the child in his foster home, finding that…

78. J.R.S. v. Department of Children & Families 787 So. 2d 875 · 2D00-545-2 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.810 2 times, the section generally

    · cited by 12 in all courts

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …respects. Thereafter, the order *878 simply stated: “It is manifestly in the best interest of the child to terminate his parental rights pursuant to section 39.810, Fla. Statutes.” After a subsequent hearing, the trial court entered a separate order continuing the placement of the child in his foster home, finding that…

79. In re A.C. 751 So. 2d 667 · 2D98-04724 · 2nd DCA 2000

    Reversed & remanded This opinion cites § 39.810 2 times, the section generallyCited as § 39.4612 (1997 statutes), now § 39.810

    · cited by 5 in all courts

    Termination reversed because the judgment lacked findings on the statutory manifest best interests factors, and the court appeared to rely on inadmissible hearsay.

    …we are compelled to reverse the final judgment as legally insufficient because the final judgment fails to address the statutory factors listed in section 39.4612, Florida Statutes (1997), concerning the manifest best interests of the children. In making a decision on a petition for termination, the trial court must…

80. Department of Children & Family Services v. J.A. 701 So. 2d 657 · DCA97-2228 · District Court of Appeal 1997

    This opinion cites § 39.810 2 times, the section generallyCited as § 39.4612 (1997 statutes), now § 39.810

    … The Department first argues that even where termination is denied, the court had the duty to consider the best interests of the children under section 39.4612, Florida Statutes. That statute states that “[i]n a hearing on a petition for termination of parental rights, the court shall consider the manifest best…

81. T.C. v. Department of Health & Rehabilitative Services 681 So. 2d 893 · 4D95-3405 · 4th DCA 1996

    This opinion cites § 39.810 2 times, the section generallyCited as § 39.4612 (1995 statutes), now § 39.810

    · cited by 3 in all courts

    … He claims that we should reverse the order of termination because the trial court failed to address in its order each of the factors enumerated in section 39.4612, Florida Statutes (1995). While the statute says that the trial court must consider and evaluate all relevant factors, including those listed therein, section…

82. Guardian ad Litem Program v. J.G. 5D2025-3210 · 5th DCA 2026

    Reversed & remanded This opinion cites § 39.810 1 time, the section generally

    Denial of termination reversed as to the mother's egregious conduct and the father's abandonment and incarceration; remanded for best-interest and least-restrictive findings.

    …that remain to be determined; thus, we remand with instructions for the trial court to consider those two matters in accordance with section 39.810, Florida Statutes, and Statewide Guardian Ad Litem Program v. A.A., 171 So. 3d 171, 177 (Fla. 5th DCA 2015). AFFIRMED, in part; REVERSED, in part;…

83. Department of Children & Families v. J.H. 1D2026-0277 · 1st DCA 2026

    Affirmed This opinion cites § 39.810 1 time, the section generally

    Denial of the Department's petition to terminate was affirmed because, despite grounds proven, the court's best-interest findings, relative caregiver and services supported keeping reunification possible.

    …28. The trial court rendered the order on appeal on December 30, 2025. The order addressed all statutory factors of the children’s best interests. See § 39.810, Fla. Stat. While the trial court found that grounds for termination had been proven, the court also found it significant that the parents had been, in the…

84. Department of Children & Families v. C.R. 5D2024-1419 · 5th DCA 2024

    Reversed & remanded This opinion cites § 39.810 1 time, the section generally

    Denial of termination reversed: removals of any of the mother's children count toward the three-placement ground, and the father's found abandonment required termination analysis.

    …other children, and as to Z.C., if the trial court finds that Father abandoned Z.C., the trial court should consider the best interest of the children. See § 39.810, Fla. Stat. (2022); R.W. v. Dep’t of Child. & Fams., 228 So. 3d 730, 734 (Fla. 5th DCA 2017); In re E.R., 49 So. 3d 846, 856 (Fla. 2d DCA 2010); see also…

85. Department of Children & Families v. L.D. 6D2023-4178 · 6th DCA 2024

    Reversed & remanded This opinion cites § 39.810 1 time, the section generally

    Sua sponte dismissal of DCF's petition to terminate the father's rights reversed; reunification efforts weren't required on pleaded grounds and dismissal preceded close of evidence.

    …means of protecting Child from serious harm. See Dep’t of Child. & Fams. v. S.S.L., 352 So. 3d 521, 523–24 (Fla. 5th DCA 2022) (citing §§ 39.806(1), 39.810, Fla. Stat. (2021); Padgett v. Dep’t of HRS, 577 So. 2d 565, 571 (Fla. 1991)). The statutory grounds asserted by DCF for termination of Father’s parental…

86. Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C. SC2023-0604 · Florida Supreme Court 2024

    Reversed & remanded This opinion cites § 39.810 1 time, the section generally

    On GAL and DCF petitions, the Supreme Court quashed a district court's reversal of the father's termination; no case plan was required and termination was the least restrictive means.

    …evidence before the petition is granted.”). Second, the Department must show that termination is in the child’s manifest best interests. See § 39.810, Fla. Stat. (2021) (“In a -9- hearing on a petition for termination of parental rights, the court shall consider the…

87. J.M. v. Department of Children & Families 1D2023-0129 · 1st DCA 2023

    Affirmed This opinion cites § 39.810 1 time, the section generally

    Termination affirmed because the mother, despite completing her case plan, defied a no-contact order and kept exposing the children to the abusive father.

    …its conclusion that TPR is in the manifest best interests of the children, so we do not review the sufficiency of that determination. See §§ 39.802(4)(c), 39.810, Fla. Stat. As we stated in the margin at the beginning, least-restrictive means is not at issue either, because a case plan previously had been provided. The…

88. K.A. v. Department of Children & Families 4D21-1514 · 4th DCA 2021

    Affirmed This opinion cites § 39.810 1 time, the section generally

    Termination affirmed; both statutory grounds held facially constitutional, and the mother knowingly failed to prevent the father's near-fatal beating of her son.

    …safeguard. Here, the trial court considered and evaluated the eleven factors set forth in the “manifest best interests of the child” statute, section 39.810, Florida Statutes (2019). Moreover, the Mother’s appellate brief does not challenge the trial court’s conclusion that termination was in the manifest best…

89. E.A. v. Department of Children & Families 4D21-1534 · 4th DCA 2021

    Affirmed This opinion cites § 39.810 1 time, the section generally

    Termination affirmed; the egregious conduct and three-placements grounds were constitutional and supported, and termination served the children's manifest best interests.

    …The manifest best interest analysis requires the trial court to assess eleven factors when deciding whether termination is in the child’s best interest. § 39.810, Fla. Stat. (2019). The appellate court’s standard of review is “highly deferential.” J.P. v. Fla. Dep’t of Child. & Fams., 183 So. 3d 1198, 1204 (Fla. 1st…

90. M.P. v. Department of Children & Families 4D21-1127 · 4th DCA 2021

    Affirmed This opinion cites § 39.810 1 time, the section generally

    Termination affirmed on egregious conduct because the mother repeatedly let the father, who sexually abused her daughter, have contact with the children despite court orders.

    …in the manifest best interests of the children, as they have a strong bond with the mother, who is very involved in the children’s care. Pursuant to section 39.810, Florida Statutes (2020), the trial court made detailed findings on the factors relevant to the manifest best interests of the children, including the bond…

91. Helweg v. Bugby 1D19-4093 · 1st DCA 2020

    This opinion cites § 39.810 1 time, the section generally

    …The trial court must also engage in a manifest best interest of the child and least restrictive means analysis before termination is permitted. See § 39.810, Fla. Stat. (2019). All of these steps serve as crucial safeguards, in place to protect this natural right and foundational liberty interest. Other than…

92. S.C. v. Department of Children & Families 1D20-0967 · 1st DCA 2020

    Affirmed This opinion cites § 39.810 1 time, the section generally

    Termination affirmed; the father's token visits, no support, and minimal case plan engagement over twenty months supported the findings.

    …restrictive means of protecting the child. The court completed a detailed manifest best interests analysis using the eleven-factor test required by section 39.810, Florida Statutes (2019). After making these findings, the court granted the petition for involuntary termination of Appellant’s parental rights. Our…

93. X.T. v. Department of Children & Families 1D19-2974 · 1st DCA 2020

    Affirmed This opinion cites § 39.810 1 time, the section generally

    Termination affirmed because the parents did not preserve objections to unpleaded grounds in the order, and the missing ineffective-counsel notice caused no due process violation.

    …would be served by granting the petition to terminate parental rights, based on the criteria set 3 out in section 39.810, Florida Statutes; and 3) termination “is the least restrictive means of protecting the child from serious harm.” C.M. v. Dep’t of Children & Families, 953…

94. B.T. v. Department of Children & Families 1D19-2788 · 1st DCA 2020

    Affirmed This opinion cites § 39.810 1 time, the section generally

    Termination affirmed: the parents failed to preserve their objection to unpleaded grounds in the order, and missing rule 8.530 notice caused no prejudice.

    …would be served by granting the petition to terminate parental rights, based on the criteria set 3 out in section 39.810, Florida Statutes; and 3) termination “is the least restrictive means of protecting the child from serious harm.” C.M. v. Dep’t of Children & Families, 953…

95. L.A. v. Department of Children & Families 2D19-4856 · 2nd DCA 2020

    Reversed This opinion cites § 39.810 1 time, the section generally

    Termination reversed because DCF presented no competent evidence of the roadside incident, so neither the threat-to-child ground nor the three-removals ground was proved.

    …So. 3d 147, 149, 152–53 (Fla. 2d DCA 2016). Next, the trial court considers whether termination is in the manifest best interests of the child under section 39.810. Id. at 150. Finally, the court must find that termination is the least restrictive means of protecting the child from harm. Id. "Our standard…

96. B.N. v. Department of Children & Families 4D19-3103 · 4th DCA 2020

    Reversed & remanded This opinion cites § 39.810 1 time, the section generally

    Termination reversed because the non-offending father got a short case plan late, and DCF never investigated or helped with his housing problems.

    … requirements to prove a statutory ground for termination and prove that termination is in the manifest best interest of the child. See §§ 39.806, 39.810, Fla. Stat. (2012). Then, to satisfy constitutional concerns, it also must prove that termination is the least restrictive means to protect the…

97. Q.L. v. Department of Children & Families 4D19-0526 · 4th DCA 2019

    Reversed This opinion cites § 39.810 1 time, the section generally

    Termination reversed because the mother completed all services and findings of ongoing domestic violence and housing instability were unsupported or stale.

    …the child’s parent.” § 39.01(84) Fla. Stat. (2018). The trial court thoughtfully considered all the relevant testimony and factors enumerated in section 39.810, Florida Statutes. The court made findings on all eleven factors and found that termination was in the children’s manifest best interests. Competent…

98. D.N. v. Department of Children & Families 4D19-0357 · 4th DCA 2019

    Reversed & remanded This opinion cites § 39.810 1 time, the section generally

    Termination reversed because nothing showed the mother knew of or failed to prevent the infant's abuse, or took part in his death.

    …Dep’t of Children & Families, 22 So. 3d 774, 775 (Fla. 4th DCA 2009). Next, the court must evaluate relevant factors, including those enumerated in section 39.810, Florida Statutes, to determine whether termination is in the manifest best interest of the child. Id. Once the court finds termination appropriate, the court…

99. A.D. v. Department of Children & Families 273 So. 3d 1016 · 4D18-3753 · 4th DCA 2019

    Reversed & remanded This opinion cites § 39.810 1 time: (1)

    · cited by 2 in all courts

    Termination reversed and remanded for a prompt new hearing because key manifest-best-interests findings about the troubled child's prospects lacked evidentiary support.

    …in the child’s manifest best interests. Id. As to the child’s manifest best interests, while the trial court addressed each statutory factor in section 39.810(1)-(11), Florida Statutes (2018), there was no competent substantial evidence to support several key findings. The court found that while the child had a bond…

100. K.E. v. Department of Children & Families 263 So. 3d 202 · 2D18-1501 · 2nd DCA 2019

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 5 in all courts

     Termination reversed because the unexplained infant arm fracture did not prove egregious conduct or threat, and no reunification services or least restrictive means were shown.

     … Manifest Interest and Least Restrictive Means The Department is required to prove all of the elements listed in section 39.810 in order for the trial court to determine whether terminating the parent's rights is in the manifest best interests of the child. I.R. v. Dep't of Children &…

101. T.H. v. Department of Children & Families 226 So. 3d 915 · 4D17-1217AND4D17-1218 · 4th DCA 2017

     Affirmed in part, reversed in part This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Termination reversed as to the younger child because the pleaded case plan ground was invalid, but affirmed as to the older child on abandonment.

     … 5 serious harm.” Id. “The state must present clear and convincing evidence to support each element.” Id. Section 39.810, Florida Statutes (2015), sets forth a list of non- exhaustive factors for a court to consider in determining the manifest best interests of the child. “[A]…

102. D.H. v. Department of Children & Families 211 So. 3d 351 · 5D16-3435-2 · 5th DCA 2017

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Termination affirmed on other grounds; the abandonment ground was unsupported and must be struck from the judgment on remand.

     …evidence that there is a ground for termination under section 39.806, the termination is in the manifest best interest of the child pursuant to section 39.810, and the termination of the parental rights is the least restrictive means of protecting the child from serious harm). Accordingly, we affirm the final…

103. D.H. v. Department of Children & Families 5D16-3435 · 5th DCA 2017

     Affirmed This opinion cites § 39.810 1 time, the section generally

     Termination affirmed on other grounds; the abandonment ground was unsupported and must be struck from the judgment on remand.

     …evidence that there is a ground for termination under section 39.806, the termination is in the manifest best interest of the child pursuant to section 39.810, and the termination of the parental rights is the least restrictive means of protecting the child from serious harm). …

104. M.C. v. Department of Children & Families 186 So. 3d 74 · 3D15-2401 · 3rd DCA 2016

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 9 in all courts

     Termination reversed; no clear evidence showed the mother inflicted the child's burns or had the opportunity to prevent and knowingly failed to prevent them.

     …section 39.806(1)(f). The trial court additionally found that it was in the Children’s manifest best interest to terminate the Mother’s parental rights. § 39.810, Fla. Stat. (2015). The Mother’s appeal followed.2 IV. ISSUE AND ANALYSIS The issue we must decide is whether the record contains…

105. Guardian ad Litem Program v. M.H. 184 So. 3d 1253 · 4D15-3195 · 4th DCA 2016

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Court wrongly required a criminal plea or conviction for the sexual-battery conception ground; reversed and remanded for best-interests and least-restrictive-means findings.

     …must first find grounds for termination of parental rights under section 39.806 and then must consider the manifest best interests of the child under section 39.810.” Id. (citing Rathburn v. Dep’t of Children & Families, 826 So. 2d 521, 523 (Fla. 4th DCA 2002)). “In addition, [the petitioner] must establish that…

106. N.B. v. Department of Children & Families 183 So. 3d 1186 · 3D15-2094 · 3rd DCA 2016

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 7 in all courts

     Termination affirmed on case plan noncompliance and three-or-more placements grounds; the mother's facial constitutional challenge to the three-placements ground was rejected.

     …exist, specifically sections 39.806(1)(e)(1) and 39.806(1)(l), Florida Statutes (2014); termination is in the manifest best interest of the children, see § 39.810, Fla. Stat. (2014); and termination is the least restrictive means of protecting the children from harm. See R.L. v. Dep’t of Children & Families, 63 So. 3d…

107. N.W. v. Department of Children & Families 184 So. 3d 1179 · 2D15-933 · 2nd DCA 2015

     Reversed & remanded This opinion cites § 39.810 1 time: (1)

     · cited by 1 in all courts

     Termination reversed because the trial court retroactively applied the 2014 amendment removing the nexus requirement for egregious conduct toward a sibling; remanded for reconsideration.

     …e.g., Statewide Guardian Ad Litem Program v. A.A., 171 So. 3d 174, 177 (Fla. 5th DCA 2015) (holding that in order to terminate parental rights under section 39.810(1), Florida Statutes (2014), "the evidence must be clear and convincing" (quoting In re Baby E.A.W., 658 So. 2d 961, 967 (Fla. 1995))). In amending section…

108. Guardian ad Litem Program v. A.A. 171 So. 3d 174 · 5D15-966 · 5th DCA 2015

     Reversed This opinion cites § 39.810 1 time: (1)

     · cited by 16 in all courts

     Denial of termination reversed: available relative placement and possible parental contact do not defeat least restrictive means, so termination and adoption were directed.

     …any other factor weighing on the manifest best interest of the child and may not be considered as a factor weighing against termination of parental rights. § 39.810(1), Fla. Stat. (2014); A.J. v. K.A.O., 951 So.2d 30, 33 (Fla. 5th DCA 2007) (“[T]he existence of a long-term relative placement is not the dispositive…

109. C.D. v. Department of Children & Families 164 So. 3d 40 · 1D14-4688 · 1st DCA 2015

     Reversed & remanded This opinion cites § 39.810 1 time: (1)

     · cited by 7 in all courts

     Grounds and best interests affirmed, but least restrictive means reversed because findings that supervised contact was safe and the aunt would allow contact undercut termination.

     …must establish in each case that termination of those rights is the least restrictive means of protecting the child from serious harm.” Id. Section 39.810(1), Florida Statutes, provides that “the availability of a ... placement with a relative[] may not be considered as a ground to deny the termination of parental…

110. R.R. v. M.M. 2D13-3036 · 2nd DCA 2014

     Reversed & remanded This opinion cites § 39.810 1 time: (3)

     Incarceration-based termination reversed: court skipped least restrictive means, over-weighed incarceration, and barred evidence the mother thwarted the father's relationship.

     …rights when -2- another parent retains custody, which is permitted under section 39.810(3), Florida Statutes, would in many cases be contrary to the child's best interests if the custodial parent facilitates contact with…

111. R.R. v. M.M. 143 So. 3d 449 · 2D13-3036-2 · 2nd DCA 2014

     Reversed & remanded This opinion cites § 39.810 1 time: (3)

     · cited by 4 in all courts

     Incarceration-based termination reversed: court skipped least restrictive means, over-weighed incarceration, and barred evidence the mother thwarted the father's relationship.

     …those duties while imprisoned”). Further, termination of an incarcerated parent’s rights when another parent retains custody, which is permitted under section 39.810(3), Florida Statutes, would in many cases be contrary to the child’s best interests if the custodial parent facilitates contact with the incarcerated parent. …

112. J.E. v. Department of Children & Families 126 So. 3d 424 · 4D13-1191 · 4th DCA 2013

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 26 in all courts

     Termination affirmed: the father abandoned the child through sporadic visits and nonpayment, and failed his case plan, never testing negative for marijuana.

     …Second, the trial court shall consider the manifest best interests of the child by evaluation of all relevant factors, including those set out in section 39.810. Id. In addition, the Department must establish that termination of parental rights is the least restrictive means of protecting the child from harm. …

113. Department of Children & Families v. D.A. 90 So. 3d 334 · 1D12-0648 · 1st DCA 2012

     Reversed & remanded This opinion cites § 39.810 1 time: (1)

     Denial of termination reversed because the trial court never addressed the incarceration and abandonment grounds and its relative-search finding was inconsistent.

     …is plainly not a reason to delay a decision to terminate parental rights if termination is otherwise in the manifest best interest of the child.”); § 39.810(1), Fla. Stat. (2011) (“If a child has been in a stable or preadoptive placement for not less than 6 months, the availability of ... a placement with a relative,…

114. E.R.-J. v. Department of Children & Family Services 86 So. 3d 574 · 2D11-3961 · 2nd DCA 2012

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 1 in all courts

     Termination reversed because remaining case plan breaches did not endanger the child and stemmed from poverty and lack of services; the case plan was reinstated.

     …in N.R.-G.’s manifest best interests. Counsel for the Department then asked the case manager whether each of the best interest factors as set forth in section 39.810 was satisfied in this case. Without providing factual support for most of her conclusions, the case manager answered “yes” or “no” to questions that parroted…

115. S.B. v. Department of Children & Family Services 80 So. 3d 438 · 2D11-4782 · 2nd DCA 2012

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 4 in all courts

     Termination affirmed because the mother's rights to three half-siblings were previously terminated and evidence showed termination served the child's manifest best interests.

     …a ground for termination by clear and convincing evidence and that, termination was in the manifest best interest of S.D. See §§ 39.806(1)(i), 39.810, Fla. Stat. (2010); In re the Adoption of Baby E.A.W., 658 So.2d 961 , 967 (Fla.1995); C.L. v. Dep’t of Children & Family Servs., …

116. D.M. v. Department of Children & Families 79 So. 3d 136 · 3D11-1578 · 3rd DCA 2012

     Affirmed in part, reversed in part This opinion cites § 39.810 1 time, the section generally

     · cited by 4 in all courts

     Termination affirmed for the father, who denied his domestic violence, but reversed for the mother, who was progressing on her case plan.

     …the sole governing factor, and instead mandates consideration of “all relevant factors, including but not limited to” any express wishes of the child. See § 39.810, Fla. Stat. (2010). A.M. has not demonstrated that this mandate was not followed. Moreover, A.M. has not alleged any facts upon which we could conclude there…

117. R.A. v. Department of Children & Families 83 So. 3d 841 · 5D11-1504 · 5th DCA 2011

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     Termination reversed: defaulting the father for missing a third advisory hearing was fundamental error, and abandonment was unproven; new hearing allowed.

     …against him. The court then conducted an adjudicatory hearing limited to the manifest best interests element of the TPR proceeding. See §§ 39.802(4)(a), (c), 39.810, Fla. Stat. (2010). Following that hearing, the court entered an order terminating the father’s parental rights on the grounds of his failure to appear…

118. L.K. v. Department of Children & Families 62 So. 3d 1241 · 4D10-5124 · 4th DCA 2011

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Abandonment termination reversed because the court excluded evidence of the incarcerated mother's case plan efforts, which bear on her intent.

     …her case plan. Reversed and Remanded. WARNER and LEVINE, JJ., concur. 1 . The factors are set forth under section 39.810, Florida Statutes.

119. A.B.E. v. Department of Children & Families 47 So. 3d 347 · 4D10-2140 · 4th DCA 2010

     Affirmed This opinion cites § 39.810 1 time: (1)

     · cited by 4 in all courts

     Termination of both parents affirmed; the mother abused the child after reunification, the father failed his case plan, and the niece's home was unsuitable.

     …means of protecting the child. See Guardian Ad Litem Program v. T.R., 987 So.2d 1269 (Fla. 1st DCA 2008) (explaining that under section 39.810(1), Florida Statutes, the availability of a nonadoptive placement with a relative could be considered, but could not be given greater weight than any other…

120. K.W. v. Department of Children & Family Services 36 So. 3d 810 · 1D09-6507 · 1st DCA 2010

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 1 in all courts

     Termination affirmed on two grounds, but the abandonment ground was struck for lack of clear and convincing evidence.

     …Servs., 812 So.2d 520, 523 (Fla. 1st DCA 2002) (“We nevertheless remand for reconsideration of A.C.’s best interests, in accordance with section 39.810, Florida Statutes (2000), because the fact findings in the order under review are erroneous and incomplete.”). Therefore, “we affirm the termination of…

121. R.A. v. Department of Children & Families 30 So. 3d 722 · 5D09-2687 · 5th DCA 2010

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 4 in all courts

     Termination reversed because the father was making a determined effort to rehabilitate and DCF did not prove least restrictive means; case plan reinstated.

     …parental rights. That view ignores the additional requirement that termination must be in the manifest best interests of the child pursuant to section 39.810. See In re E.D., 884 So.2d 291 , 295 n. 3 (Fla. 2d DCA 2004). And beyond these statutory requirements, the termination of parental rights is…

122. C.T. v. Department of Children & Families 22 So. 3d 852 · 3D09-1526 · 3rd DCA 2009

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 4 in all courts

     Termination affirmed; egregious abuse of siblings is a ground but not automatic, and the court's best-interest and least-restrictive findings made the error harmless.

     …ground for termination of parental rights exist? See § 39.806, Fla. Stat. (2008). (2) Is termination in the manifest best interest of the child? See id. § 39.810.(3) Is termination the least restrictive means of protecting the child from harm? See Padgett v. Dept. of Health and Rehabilitative Servs., 577 So.2d 565,…

123. H.D. v. J.L.D. 16 So. 3d 334 · 4D09-1016 · 4th DCA 2009

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Denial of the mother's petition to terminate the adoptive father's rights was reversed because the court ruled without any hearing, violating due process.

     …§ 39.808(4), Fla. Stat. (1999) (emphasis added). We also have recognized that a circuit court considering the child's best interests under section 39.810, Florida Statutes (2008), may deny a petition for termination of parental rights where termination "would cut off any responsibility for financial support and…

124. Ca v. Department of Children & Families 16 So. 3d 888 · 4D08-3394-2 · 4th DCA 2009

     This opinion cites § 39.810 1 time, the section generally

     · cited by 4 in all courts

     …on collateral property interests. We must not forget that the overriding concern in TPR cases is for the best interests of the child, not the parents. § 39.810, Fla. Stat. (2008) (in TPR cases court shall consider the manifest best interests of the child). The State initiates TPR proceedings, not to punish parents…

125. Department of Children & Family Services v. P.E. 14 So. 3d 228 · SC09-169 · Florida Supreme Court 2009

     Other This opinion cites § 39.810 1 time, the section generally

     · cited by 43 in all courts

     Supreme Court held that once a parent's consent to termination is entered for missing the adjudicatory hearing, DCF need not prove the alleged grounds.

     …proceeding relied upon in offering a parent a case plan as described in s. 39.806. (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition. § 39.802(4) (emphasis added). Section 39.806(1), in turn, provides specific statutory grounds for…

126. In re Ll-R. 9 So. 3d 707 · 2D08-2554 · 2nd DCA 2009

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     Termination for abandonment reversed because the incarcerated father communicated with the child as soon as located and was never offered a case plan.

     …out that the court did not consider the eleven factors used in determining whether the child's manifest best interest would be served by termination. See § 39.810. We appreciate the department's forthright concessions about the sufficiency of the evidence in this case. We note that if the department pursues termination…

127. J.R. v. Department of Children & Family Services 9 So. 3d 707 · 2D08-2554-2 · 2nd DCA 2009

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 1 in all courts

     Termination for abandonment reversed because the incarcerated father communicated with the child as soon as located and was never offered a case plan.

     …out that the court did not consider the eleven factors used in determining whether the child’s manifest best interest would be served by termination. See § 39.810. We appreciate the department’s forthright concessions about the sufficiency of the evidence in this case. We note that if the department pursues termination…

128. JY v. Department of Children & Families 10 So. 3d 168 · 5D08-1933 · 5th DCA 2009

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 3 in all courts

     Termination affirmed: after four years of services, the mother's unresolved domestic violence and mental health problems still endangered the child; her case plan remained incomplete.

     …remedy the problems that caused her child to be sheltered. The trial court concluded, after evaluating the evidence in light of the factors in section 39.810, Florida Statutes (2007), that termination of parental rights was in the manifest best interests of the child. “[I]t is far better for [this child] to be…

129. In re G.C. 6 So. 3d 643 · 2D08-1409 · 2nd DCA 2009

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     Termination reversed: case plan noncompliance did not show continuing harm, and DCF proved neither a threat to the children nor that services would be futile.

     …must first find grounds for termination of parental rights under section 39.806 and then must consider the manifest best interests of the child under section 39.810. Rathburn v. Dep't of Children & Families, 826 So.2d 521, 523 (Fla. 4th DCA 2002). In addition, DCF must establish that termination of parental rights…

130. J.C. v. Department of Children & Family Services 6 So. 3d 643 · 2D08-1409-2 · 2nd DCA 2009

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 8 in all courts

     Termination reversed: the parents largely complied with their case plans, and the department did not prove domestic violence or mental illness threatened the children.

     …must first find grounds for termination of parental rights under section 39.806 and then must consider the manifest best interests of the child under section 39.810. Rathburn v. Dep’t of Children & Families, 826 So.2d 521, 523 (Fla. 4th DCA 2002). In addition, DCF must establish that termination of parental rights…

131. Re v. Department of Children & Families 996 So. 2d 929 · 4D08-1675 · 4th DCA 2008

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 1 in all courts

     Termination affirmed: the father's default by nonappearance stood, the successor judge could hold a new best-interests hearing, and the grandmother was properly rejected as placement.

     …manifest best interests, the trial court again entered its order terminating the father's parental rights. Addressing each of the factors listed in section 39.810, Florida Statutes (2008), the court found that there was no suitable permanent custody arrangement with a relative of S.E. The court found that parents did…

132. In re H.E. 3 So. 3d 341 · 2D07-4605 · 2nd DCA 2008

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     After consent by nonappearance the department need not prove a ground, but the court must still hear best-interests evidence before terminating; reversed, conflict certified.

     …and that a dispositional order adjudicating the child dependent was entered.... (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition. One of the grounds included in section 39.806 is a parent's voluntary surrender and "consent[ ] to the…

133. C.C. v. Department of Children & Families 994 So. 2d 1231 · 3D08-1307 · 3rd DCA 2008

     This opinion cites § 39.810 1 time: (1)

     … Karla Perkins, Miami; Hillary S. Kambour, for appellees. Before SUAREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See § 39.810(1), Fla. Stat.; B.F. v. Dep't of Children & Family Servs., 929 So.2d 620 (Fla. 3d DCA 2006); In re T.M., 641 So.2d 410, 412-13 (Fla.1994).

134. M.F. v. Department of Children & Families 992 So. 2d 410 · 1D08-1475 · 1st DCA 2008

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Termination of only the mother's rights reversed because the court refused to make the findings section 39.811(6) requires when severing one parent's rights.

     …Florida Statutes. (2007); and that the manifest best interest of the child called for the termination of Appellant's parental rights pursuant to section 39.810, Florida Statutes (2007). Appellee properly concedes that the record supports the trial *411 court's ruling granting the father's motion for "a directed…

135. In re D.L.H. 990 So. 2d 1267 · 2D07-715 · 2nd DCA 2008

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 12 in all courts

     Termination reversed: no nexus shown between a sibling's abuse and risk to this child, and no proof termination without services was the least restrictive means.

     …find grounds for termination of parental rights under section 39.806 and then must consider the manifest best interests of the child under *1271 section 39.810. Rathburn v. Dep't of Children & Families, 826 So.2d 521, 523 (Fla. 4th DCA 2002). When termination of parental rights is based on the abuse of a…

136. M.M. v. Department of Children & Family Services 987 So. 2d 1267 · 1D07-6527 · 1st DCA 2008

     Affirmed This opinion cites § 39.810 1 time: (1)

     Termination affirmed; availability of a nonadoptive relative placement cannot weigh against termination, and the great-grandmother may still seek to adopt.

     …J. “[T]he availability of a nonadoptive placement with a relative may not ... be considered as a factor weighing against termination of parental rights.” § 39.810(1), Fla. Stat. (2006). Since the child’s mother’s parental rights were terminated earlier, the “child will not be reunited with a parent, [and] adoption, under…

137. M.B.T. v. Department of Children & Families 976 So. 2d 623 · 5D07-703 · 5th DCA 2008

     Affirmed This opinion cites § 39.810 1 time, the section generally

     Termination affirmed because the mother ignored her case plan, rarely visited, was repeatedly jailed, and termination served the children's manifest best interests.

     …be reversed because DCF failed to prove that termination of her parental rights was in the manifest best interests of the children. We disagree. Section 39.810 of the Florida Statutes (2005), sets forth the various considerations involved when determining what the manifest best interests of children are in dependency…

138. A.W. v. Department of Children & Families 969 So. 2d 496 · 1D07-1724 · 1st DCA 2007

     Affirmed This opinion cites § 39.810 1 time: (1)

     · cited by 12 in all courts

     Termination affirmed because the developmentally disabled mother's technical case plan compliance did not remedy unsafe conditions or show parenting ability; limited post-termination letters were upheld.

     …result was that B.W. had remained out of Appellant's custody and care for more than twelve months. Tracking all the relevant factors set forth in section 39.810(1)-(11), Florida Statutes (2006), the Department alleged that it is in the child's manifest best interests that parental rights be terminated. No suitable…

139. K.W. v. Department of Children & Families 959 So. 2d 401 · 1D05-2086 · 1st DCA 2007

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 4 in all courts

     Termination affirmed; a pending relative home study was no reason to delay terminating the rights of a father imprisoned for sexually abusing the children.

     …the Department must prove the existence of a statutory ground and establish that termination would be in the manifest best interest of the child. Section 39.810, Florida Statutes (2006) provides that the court may consider a relative placement in determining whether termination is in the child's best interest.…

140. To v. L.S. 954 So. 2d 737 · 1D06-3502 · 1st DCA 2007

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 1 in all courts

     Termination reversed and remanded because neither the order nor the transcript addressed the statutory manifest best interests factors.

     …rights of the mother should be terminated. We cannot, however, conduct appropriate appellate review because the statutory factors enumerated in section 39.810, Florida Statutes (2005), are not addressed in either the order or the transcript. We therefore reverse the order terminating parental rights and remand for…

141. L.D. v. Department of Children & Family Services 957 So. 2d 1203 · 3D06-865 · 3rd DCA 2007

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 12 in all courts

     Termination reversed because the mother's alcohol relapse showed no harm to the child and the aunt was rejected without a home study.

     …Banc Denied June 6, 2007. LAGOA, Judge. Appellant, L.D., the mother, appeals from a final order terminating her parental rights pursuant to sections 39.806 and 39.810, Florida Statutes (2005). L.D. argues that no competent, substantial evidence supported the trial court's finding that she engaged in conduct towards her…

142. C.K. v. Department of Children & Families 942 So. 2d 469 · 4D06-2246 · 4th DCA 2006

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Termination affirmed on case plan noncompliance after meaningful services were offered, with manifest best interests findings supported and the written order proper.

     …Florida Statutes, were established by clear and convincing evidence. The evidence further supported the trial court's determination under section 39.810 that it was in the manifest best interest of the child to terminate the parental rights of the parents. Contrary to appellants' contention on appeal, the…

143. Department of Children & Family Services v. A.Q. 937 So. 2d 1156 · 3D05-1746 · 3rd DCA 2006

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Dismissal of the termination petition reversed: the father abandoned the children for years, never completed his case plan, and relatives wished to adopt them.

     …in the children's best interest is unsupported by the record. Accordingly, we reverse and remand for further proceedings consistent with this opinion. See § 39.810, Fla. Stat. (2005); K.F., 916 So.2d at 950 ; C.F., 788 So.2d at 988 . Reversed and remanded. NOTES [1] These findings were based on the…

144. Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 6 in all courts

     Adoption by an out-of-state grandmother reversed because the court skipped DCF's consent, an unreasonably-withheld finding, and the required favorable preliminary adoptive home study.

     …and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care"); § 39.001(3); § 39.810 (pertaining to proceedings to terminate parental rights and requiring the trial court to consider "the manifest best interests of the child"); see B.Y. v.…

145. W.R. v. Department of Children & Families 928 So. 2d 414 · 1D05-1486 · 1st DCA 2006

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 5 in all courts

     Termination as to one child reversed: no evidence her continued contact threatened him, and termination was not the least restrictive means.

     …needs. The trial court subsequently addressed the factors to be considered in determining whether termination was in E.R.'s best interest pursuant to section 39.810, Florida Statutes (2004). In considering the love, affection, and emotional ties between E.R. and his parents, siblings, and other relatives and the degree of…

146. In re J.B. 923 So. 2d 1201 · 2D04-2134 · 2nd DCA 2006

     Reversed & remanded This opinion cites § 39.810 1 time, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

     · cited by 18 in all courts

     Termination reversed: no clear and convincing proof of abandonment, threat to the child, or case plan failure, since incarceration alone was the obstacle.

     …for termination are not supported by clear and convincing evidence. Therefore, we find it unnecessary to discuss the trial court's reasons under sections 39.810(1)-(11), Florida Statutes (2001), that termination of parental rights was in the manifest best interests of the child. Reversed and remanded to the trial court…

147. T.V.R. v. C.R. 918 So. 2d 395 · 2D04-3714 · 2nd DCA 2006

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Mother-filed termination reversed because the trial court did not properly assess statutory grounds, manifest best interests, least restrictive means, or single-parent termination requirements.

     …child. The trial court discussed the best interests of A.L.R. and there was some testimony in *399 this regard, but the court never made reference to section 39.810, Florida Statutes (2002), or the “manifest best interests” factors listed in that statute. The trial court also never addressed whether termination was the…

148. I.R. v. Department of Children & Families 904 So. 2d 583 · 3D04-2725 · 3rd DCA 2005

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 7 in all courts

     Termination reversed because DCF filed too soon, without a diagnosis or real services, and failed to prove future risk from the mother's treatable bipolar disorder.

     … See J.F. v. Dep't of Children and Families, 890 So.2d 434, 441 (Fla. 4th DCA 2004). The Department is required to prove all the elements in section 39.810 to determine whether it is in the manifest best interests of the child to have the parent's rights terminated. In this case, the Department failed to prove…

149. W.R. v. Department of Children & Families 896 So. 2d 911 · 4D04-1174 · 4th DCA 2005

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 5 in all courts

     Termination reversed because, with no case plan offered and the mother seeking services in prison, DCF did not prove termination was the least restrictive means.

     …rights exist under section 39.806, Florida Statutes (2003). The court must then consider the manifest best interests of the child, pursuant to section 39.810, Florida Statutes (2003). The trial court complied with these procedural requirements. Applying these requirements to the facts of this case, the court…

150. W.D. v. Department of Children & Family Services 891 So. 2d 656 · 2D04-1790 · 2nd DCA 2005

     Reversed & remanded This opinion cites § 39.810 1 time, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

     Termination reversed because DCF never evaluated the paternal grandmother as a relative placement and the court wrongly put the burden on the father.

     …Code Rule 65C-13.020(l)(a)(2) requires that DCF insure that “[a]ll possible relatives ' have béen ' explored as a placement resource for the child.” Section 39.810(1), Florida Statutes (2002), requires trial courts to evaluate, inter alia, “[a]ny suitable permanent custody arrangement with a relative of the child” in…

151. In re K.W. 891 So. 2d 1068 · 2D04-232 · 2nd DCA 2004

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 12 in all courts

     Termination affirmed; adoption by the caregiver cousin served the child's best interest, and long-term relative placement was not a required less restrictive option.

     … S.S. argues that in view of the fact that the child is currently living with a relative, the trial court failed to give proper consideration to section 39.810, Florida Statutes (2002), which requires the trial court to consider and evaluate the manifest best interest of the child. Specifically, S.S. argues that the…

152. In re E.I.F. 872 So. 2d 924 · 2D02-5133 · 2nd DCA 2004

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     Termination reversed: the father's decade-old conduct toward older children showed no present risk, and about eight years' incarceration was not a substantial portion of minority.

     …that the future period of incarceration is a sufficient basis to support termination, then it must consider the child's manifest best interests. See § 39.810. Here, the trial court considered all of the statutory best interest factors, and the record contains ample evidence to support the trial court's conclusion…

153. In the Interest of E.I.F. v. Department of Children & Family Services 872 So. 2d 924 · 2D02-5133-2 · 2nd DCA 2004

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 7 in all courts

     Termination reversed: the father's decade-old conduct toward older children showed no present risk, and about eight years' incarceration was not a substantial portion of minority.

     …that the future period of incarceration is a sufficient basis to support termination, then it must consider the child’s manifest best interests. See § 39.810. Here, the trial court considered all of the statutory best interest factors, and the record contains ample evidence to support the trial court’s conclusion…

154. M.H. v. Department of Children & Families 866 So. 2d 220 · 1D03-0353 · 1st DCA 2004

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 45 in all courts

     Termination reversed: addiction alone showed no threat to the children, DCF failed to provide services, and willing relatives were not considered; DCF's cross-appeal rejected.

     …before termination can occur under any statutory provision, the trial court must also conclude termination is in the children's manifest best interests. See § 39.810, Fla. Stat. (2001).

155. In re D.S. 849 So. 2d 411 · 2D02-3555 · 2nd DCA 2003

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     Termination as to the son reversed: denying a continuance to counsel who believed no termination was sought as to him was an abuse of discretion.

     … (Fla.1991). The termination court is required to consider the manifest best interests of the child before ordering a termination of parental rights. See § 39.810, Fla. Stat. (2002). As such, rule 8.330(a) does not permit a dependency order to negate the need for a full termination trial; it merely allows the…

156. K.O. v. Department of Children & Families 843 So. 2d 353 · 5D02-1575 · 5th DCA 2003

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 2 in all courts

     Termination order vacated and remanded because it lacked the required findings on the child's manifest best interests, though evidence supported the case plan ground.

     …concedes, that the trial court failed to set forth in its termination order findings of fact relating to the best interest of the child as required by section 39.810 of the Florida Statutes (2001). Accordingly, we vacate the instant termination order and remand this matter to the trial court for issuance of an order that…

157. P.O. v. Department of Children & Families 840 So. 2d 360 · 4D02-2391 · 4th DCA 2003

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 1 in all courts

     Termination affirmed on case plan noncompliance; DCF's poor reasonable efforts were criticized but did not cause the mother's failure to address her drug problem.

     …termination, including P.O.’s failure to comply with her case plan, and that termination of P.O.’s parental rights was in S.S.’s best interests. §§ 39.809(1), 39.810, 39.811, Fla. Stat. (2001). Section 39.806(l)(e), Florida Statutes, provides: A petition for termination of parental rights may also be filed when a child…

158. Rathburn v. Department of Children & Families 826 So. 2d 521 · 4D02-148 · 4th DCA 2002

     Affirmed This opinion cites § 39.810 1 time, the section generally

     · cited by 18 in all courts

     Denial of termination affirmed; despite the father's valid surrender, DCF presented no evidence that terminating his rights served the child's manifest best interests.

     …Second, the trial court shall consider the manifest best interests of the child by evaluation of all relevant factors, including those set out in section 39.810, Florida Statutes (2001). In this case, the trial court accepted the father's surrender as the grounds for termination of his parental rights. However, in…

159. Department of Children & Family Services v. J.C. 847 So. 2d 487 · 3D01-2620 · 3rd DCA 2002

     Certiorari / writ denied This opinion cites § 39.810 1 time, the section generally

     · cited by 8 in all courts

     DCF's petition denied; the court could review the adoptive placement and keep the child with his long-time caregiver pending hearing after DCF abruptly removed him.

     …parental rights to the Child and permanently commit the Child to the custody of the Department for subsequent adoption, and pursuant to Sections 39.802 and 39.810, Fla. Stat. (1998), permanently deprive the Mother of any rights that she may have to the Child.... * * * * The Court FURTHER FINDS that the Florida…

160. Department of Children & Families v. B.B. 824 So. 2d 1000 · 5D01-2606 · 5th DCA 2002

     Affirmed in part, reversed in part This opinion cites § 39.810 1 time, the section generally

     · cited by 46 in all courts

     Termination affirmed for the abused child; refusal to terminate as to siblings reversed and remanded, since egregious abuse requires no prior services.

     …termination of parental rights to other children, assuming, of course, the "manifest best interests" requirement for parental rights' termination is met. § 39.810, Fla. Stat. See In re J.M.M., 795 So.2d 1034 (Fla. 2d DCA 2001). The trial judge's error on this point was understandable because Florida's courts…

161. M.Q.C. v. Department of Children & Families 815 So. 2d 728 · 5D01-1553 · 5th DCA 2002

     Affirmed This opinion cites § 39.810 1 time, the section generally

     Termination affirmed without opinion; a dissent would have remanded because the order merely tracked statutory factors without the written facts section 39.811(5) requires.

     …determine error. In its brief, DCF acknowledges that the court’s order did not set out the facts but merely tracked the statutory factors listed in section 39.810, Florida Statutes. In the case of L.T. v. Dept. of Health and Rehabilitative S6ervices, 464 So.2d 201, 202 (Fla. 5th DCA 1985), this court stated that…

162. L.O. v. Department of Children & Family Services 807 So. 2d 810 · 4D01-3359 · 4th DCA 2002

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 4 in all courts

     Termination based on the mother's consent in a criminal plea reversed because no adjudicatory hearing was held at which she could challenge the consent.

     …not obtained by fraud or duress), it must still consider whether the termination of L.O.'s parental rights is in the manifest best interests of the child. §§ 39.810, 39.811(5), Fla. Stat. (2001). REVERSED and REMANDED for further proceedings consistent with this opinion. STONE and STEVENSON, JJ., concur. NOTES [1]…

163. A.C. v. Department of Children & Family Services 778 So. 2d 480 · 4D00-2305 · 4th DCA 2001

     This opinion cites § 39.810 1 time, the section generally

     · cited by 1 in all courts

     … (Fla.l995)(holding appellate court should not reweigh the testimony and evidence, nor substitute its judgment for that of the trier of fact); §§ 39.806(1), 39.810, Fla. Stat. (Supp.1998). However, we find error in that part of the order in which the court sua sponte mandated the return of AC.’s sister to the mother.…

164. In re Interest of F.C. 780 So. 2d 159 · 2D00-16 · 2nd DCA 2001

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     Termination reversed: the father substantially complied with his case plan, resumed visits undercut abandonment, and best interests alone cannot support termination.

     …remand, the department should attempt to implement the psychologist's suggestions, where appropriate. Finally we note that the trial court reviewed section 39.810, Florida Statutes (1999), which lists factors used to determine whether termination of parental rights is in a child's manifest best interest. The court…

165. F.C. v. Department of Children & Families 780 So. 2d 159 · 2D00-16-2 · 2nd DCA 2001

     Reversed & remanded This opinion cites § 39.810 1 time, the section generally

     · cited by 9 in all courts

     Termination reversed: the father substantially complied with his case plan, resumed visits undercut abandonment, and best interests alone cannot support termination.

     …remand, the department should attempt to implement the psychologist’s suggestions, where appropriate. Finally we note that the trial court reviewed section 39.810, Florida Statutes (1999), which lists factors used to determine whether termination of parental rights is in a child’s manifest best interest. The court…

166. M.A.P. v. Department of Children & Families 739 So. 2d 1287 · 5D99-1106 · 5th DCA 1999

     This opinion cites § 39.810 1 time, the section generally

     · cited by 9 in all courts

     …substantially comply with the case plan and that it was in the manifest best interests of the child to terminate appellant's parental rights. §§ 39.806(1)(e); 39.810, Fla.Stat. (Supp. 1998). The record also reflects compliance with section 39.465(1)(a), Florida Statutes (1997). The trial court advised appellant of the…

167. L.J.R. v. T.T. 739 So. 2d 1283 · 1D98-1522 · 1st DCA 1999

     This opinion cites § 39.810 1 time, the section generallyCited as § 39.4612 (1997 statutes), now § 39.810

     · cited by 6 in all courts

     …event statutory abandonment is proven, the trial court must determine whether termination of parental rights is in the child's "manifest best interests." § 39.4612, Fla.Stat. (1997). See generally Peregood v. Cosmides, 663 So.2d 665 (Fla. 5th DCA 1995) (reversing order dismissing complaint to vacate adoption by…

168. T.R. v. Adoption Services, Inc. 724 So. 2d 1235 · 4D98-2628 · 4th DCA 1999

     This opinion cites § 39.810 1 time, the section generallyCited as § 39.4612 (1997 statutes), now § 39.810

     · cited by 1 in all courts

     …executed a surrender of her parental rights and that the termination of her rights to her son was in the manifest best interests of the child under section 39.4612, Florida Statutes (1997). In this appeal, the mother argues, inter alia, that the trial court erred in not allowing her to withdraw her consent because she…

169. In re S.S. 723 So. 2d 344 · 2D98-00103 · 2nd DCA 1998

     This opinion cites § 39.810 1 time, the section generallyCited as § 39.4612 (1997 statutes), now § 39.810

     …to the contrary." (Emphasis supplied). The procedures for termination of parental rights are set forth in chapter 39, Florida Statutes (1997). Section 39.4612 provides that "[i]n a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child." Eleven…

170. In the Interest of S.S. v. Department of Children & Families 723 So. 2d 344 · DCA98-00103 · District Court of Appeal 1998

     This opinion cites § 39.810 1 time, the section generallyCited as § 39.4612 (1997 statutes), now § 39.810

     · cited by 9 in all courts

     …to the contrary.” (Emphasis supplied). The procedures for termination of parental rights are set forth in chapter 39, Florida Statutes (1997). Section 39.4612 provides that “[i]n a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child.” Eleven…

171. Department of Children & Families v. C.F. 788 So. 2d 988 · 3D98-1775 · 3rd DCA 1998

     This opinion cites § 39.810 1 time, the section generallyCited as § 39.4612 (1995 statutes), now § 39.810

     · cited by 7 in all courts

     …supported by the evidence and was not in the children's best interest, and hereby reverse. In our view, taking into account the factors set forth in section 39.4612, Florida Statutes (1995), relating to the manifest best interests of the children, the Department more than met its "clear and convincing" burden[FN1] that…

172. Ventura v. Department of Children & Families 708 So. 2d 1036 · DCA97-2206 · District Court of Appeal 1998

     This opinion cites § 39.810 1 time, a subsectionAlso cites § 39.4612(1) under the 1995 statutes, too old to match to today's subsections.

     …the foster family’s “phenomenal efforts” on the children’s behalf. No evidence was presented to establish any factors in favor of reunification. See § 39.4612(1)-(11), Fla. Stat. (1995). In fact, the court correctly concluded that reunification would be extremely detrimental to both children. Simms v. State, Dept. of…

173. In Interest of D.H. 670 So. 2d 1072 · 2D95-01651 · 2nd DCA 1996

     This opinion cites § 39.810 1 time, the section generallyCited as § 39.4612 (1995 statutes), now § 39.810

     · cited by 5 in all courts

     …failing to disclose that the requisites expressed in section 39.464, Florida Statutes (1995), have been met. The manifest best interests of the child, section 39.4612, Florida Statutes (1995), have not been given detailed attention. For these reasons, the order terminating parental rights is reversed and this case is…

174. I.M. v. Department of Health & Rehabilitative Services 668 So. 2d 275 · 1D95-2340 · 1st DCA 1996

     This opinion cites § 39.810 1 time, the section generallyCited as § 39.4612 (1994 statutes), now § 39.810

     · cited by 4 in all courts

     …the parental rights of the mother should be terminated, we cannot conduct appropriate appellate review because the statutory factors enumerated in section 39.4612, Florida Statutes (Supp.1994), are not addressed in either the order or the transcript. We, therefore, reverse and remand for further consideration. See In…

175. In re Amendments to the Florida Rules of Judicial Administration 24 So. 3d 47 · SC08-1724 · Florida Supreme Court 2009

     Rule amendment This opinion cites § 39.810 6 times: (1)

     …of significant harm. Termination of parental rights is the least restrictive means to protect the child(ren) from harm. 6. Under the provisions of sections 39.810(1)-(11), Florida Statutes, it is in the manifest best interests of the child(ren) for parental rights of.....(name(s))..... to be terminated for the reasons…

176. In re Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146 213 So. 3d 803 · SC16-553 · Florida Supreme Court 2017

     Rule amendment This opinion cites § 39.810 4 times: (1)

     …harm. Termination of parental rights is the least restrictive means to protect the child(ren) from harm. 6. Under the provisions of sections 39.810(1)–(11), Florida Statutes, it is in the manifest best interests of the child(ren) for parental rights of .......... (name(s)) .......... to be terminated for the…

177. In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006

     Rule amendment This opinion cites § 39.810 3 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

     · cited by 3 in all courts

     …the manifest best interest of the child(ren) for parental rights to be terminated for the following reasons: ..... allegations which correspond to sections 39.810(1)B-(11), Florida Statutes. 5. A copy of this petition shall be served on the natural mother, .....(name).....; the father(s), .....(name(s)).....; the…

178. In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020

     Rule amendment This opinion cites § 39.810 2 times: (1)

     …harm. Termination of parental rights is the least restrictive means to protect the child(ren) from harm. 6. Under the provisions of sections 39.810(1)–(11), Florida Statutes, it is in the manifest best interests of the child(ren) for parental rights of .....(name(s))..... to be terminated for the reasons…

179. In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998

     Rule amendment This opinion cites § 39.810 2 times, a subsectionAlso cites § 39.810(1), which couldn't be matched to today's text.

     · cited by 1 in all courts

     …is in the manifest best interest of the child(ren) for parental rights to be terminated for the following reasons: .allegations which correspond to sections 39.810(1)B(11), Florida Statutes. 5. A copy of this petition shall be served on the natural mother,. (name). ; the father(s),.(name(s)).; the custodian, .(name).; and…

180. In re Amendments to the Florida Rules of Juvenile Procedure 101 So. 3d 368 · SC12-1605 · Florida Supreme Court 2012

     Rule amendment This opinion cites § 39.810 1 time: (1)

     · cited by 1 in all courts

     …in the manifest best interest of the child(ren) for parental rights to be terminated for the following reasons: . allegations which correspond to sections 39.810(1)-(11), Florida Statutes. 56. A copy of this petition shall be served on the natural mother,.(name) .; the father(s), .(name(s)) .; the custodian, .(name).;…

No opinion cites this provision by number.

Show all cases

No admin code rule cites § 39.810.

Show all rules

No CFOP cites § 39.810.

Show all CFOPs